1. Definition of Terms
For purposes of these Terms of Sale, the following terms or words or phrases shall mean or be understood as follows:
(a) Customer – refers to the buyer of any Product sold on the Online Store. Also designated or referred to in these Terms of Sale as “you”.
(b) Online Store – refers to the internet website www.smegphilippines.com through which the Seller sells Products to a Customer.
(c) Order – refers to a Product chosen for purchase by Customer and communicated to Seller using the form provided by the Online Store. Each Order corresponds to a single Product. Should several Products be indicated or listed in a single form, each product ordered shall be deemed as one order.
(d) Product – refers to an item which is sold on the Online Store.
(e) Sales Contract – refers to the agreement for the sale of a Product between you (the Customer) and the Seller.
(f) Seller – refers to Mondo Cucina, Inc.. which owns and/or operates the Online Store through which Products are sold to Customers.
(g) Terms and Conditions of Sale – refers to the terms and conditions stated herein which govern the agreement for the sale of a Product between you (the Customer) and the Seller. Also referred to herein as “Terms of Sale”.
2. Purchase of Products
2.1. Product Description. Each Product on the Online Store comes with a description which Seller aims, but does not warrant, to be correct and recent. Should the Product delivered to you not correspond to the description listed on the Online Store for the product you ordered, you may proceed as provided in Clause 5 of these Terms of Sale.
2.2. Product Price. The price for each Product shall be its price listed on the Online Store at the time the Order you placed is received by Seller. Seller strives to provide the correct price for each Product, however, mistakes may happen. In case of pricing mistake or error, Seller reserves the right to terminate the contract even if the Product has been released for delivery or are in transit. Seller shall notify you of the cancellation and shall refund you for the payment charged to you for the Product subject to the process and the timelines of payment partners, as provided in Clause 5 of these Terms of Sale. All prices are subject to taxes unless otherwise stated. Seller reserves the right to change the product price at any time without any reason and without any prior notice.
2.3. Product Warranty. The warranties for each sold Product shall be as stated on the Online Store through our Warranty Policy. Unless expressly prohibited by applicable mandatory law, the stated warranties shall exclude and shall be in lieu of all other warranties, reliefs, or remedies, whether expressed or implied, statutory or otherwise.
2.4. Order Placement. You may place an Order by filling up and submitting the Order form and providing the payment details on the Online Store. An Order placed in any other manner will not be accepted by the Seller.
2.5. Processing of Order. Any Order you make shall be deemed to be accurate, complete, unconditional and irrevocable. Thus, without any other action from you or any notice to you, Seller shall have the right – but not the obligation – to process your Order. Subject to Seller’s discretion, you may request to revise or cancel an order and Seller will strive to accommodate your request on a commercially reasonable effort basis.
2.6. Acceptance of Order. Each Order of a Product shall be subject to Seller’s acceptance at its sole discretion and each accepted Order shall constitute a separate Sales Contract. There are various reasons which may hinder or impact the processing of your Order; thus, the Seller reserves the right to decline or cancel an order for any reason at any given time.
3.1. Modes. You may pay for the Product through any of the payment modes allowed by Seller. However, your payment will only be credited or accepted when Seller accepts your Order. Seller may impose additional terms or change the payment modes at any time at its discretion.
3.2. Limitation of Liability. You agree that you are subject to the user agreement of your chosen payment mode and that you may not hold the Seller liable for any failure, disruption or error made by the service provider of your chosen payment mode.
3.3. Invoice. Seller will prepare an invoice upon acceptance of the Order and will deliver it along with the Product.
3.4. Non-Payment. If you fail to pay pursuant to the terms and conditions of the payment mode you chose or your payment is cancelled for any reason, Seller shall have the right to cancel the Sales Contract or hold the delivery of the Product without prejudice to any other right or remedy.
4.1. Place of Delivery. The Product shall be delivered to the address specified in your Order. A delivery shall only be made within specified areas in the Philippines. Once designated, the place of delivery shall not be changed unless Seller expressly agrees in writing.
4.2. Delivery Charges. The charges for packing and delivery shall be as stated in the Order form.
4.3. Delivery Period. Delivery of a Product is subject to the availability of the Product and other events beyond the control of the Seller and delay may occur such that the delivery period stated is a mere estimate. You acknowledge that the time for delivery shall not be essential to the sales contract and that you shall not hold Seller liable should there be delay in the delivery of your Product.
4.4. Failed Delivery. Should the delivery of the Product fail due to your fault or negligence, Seller may terminate the Sales Contract without waiving any of its rights or remedies.
5. Inquiry or Complaint
5.1. Inquiry. Should you have any question, you may contact the Seller through the “Help” tab.
5.2. Complaint. Within three (3) days from delivery of the Product and immediately upon discovery, you must contact the Seller as stated above and notify it of your complaint regarding any of the following:
a. the Product delivered is not the product you ordered;
b. the Product delivered does not correspond to the description listed on the Online Store for the product you ordered;
c. the Product delivered does not include the complete components or accessories specified on the Online Store;
d. the number of Products delivered does not correspond to the number of products you ordered on the Online Store; or
e. without your unreasonable use, there is a defect, malfunction or failure to conform to a warranty of the Product delivered.
5.2. Seller’s Action. Seller shall endeavor to reply and act on your complaint within thirty (30) days. Should more time be needed, Seller may ask you for an extension of thirty (30) days.
5.3. Reliefs Available to You. If you have notified Seller as provided in Clause 5.1 and your complaint pertains to any of the circumstances mentioned in said clause, you may be entitled to any of the following reliefs depending on the applicable circumstance:
5.3.1. Replacement of Products. Should the circumstance provided in Clause 5.1 (a) or in Clause 5.1 (b) be applicable to you and there was a mistake or error in the product delivered, Seller at its discretion may replace the Product and make available a replacement product at the SMEG Philippines showroom nearest you. A replacement product shall only be released to you provided you return the Product as follows: (1) with all its components and accessories, (2) contained in the original manufacturer packaging when it was delivered, (3) without any mark or indication on the Product that it has been unreasonably or improperly used, no signs of tampering and (4) original sales invoice.
5.3.2. Delivery Correction. Should the circumstance provided in Clause 5.1 (c) or in Clause 5.1 (d) be applicable to you and there was incomplete delivery as described therein, Seller shall endeavor to deliver within a reasonable time the undelivered component or accessory in case of the former and the remaining undelivered product in case of the latter. The delivery process shall be as specified in Clause 4 of these Terms of Sale. Should any product be delivered in excess of your order as described in Clause 5.1 (d), Seller at its discretion may ask you to pay for the excess products delivered at the contract rate and collect payment within mutually agreed reasonable time or Seller may grant a price reduction for the product delivered in excess of your order upon receipt of your notice or upon its own discovery of the excess delivery.
5.3.3. Remedy, replacement, or refund. In the event that, as provided in Clause 5.1 (e), without your unreasonable use, there is a defect, malfunction, or failure to conform to a warranty of the Product delivered, Seller shall remedy it within the period stated in Clause 5.2. Should the Product continue to have the defect or malfunction even after a reasonable number of attempts to remedy it, Seller will replace the Product and make available a replacement product at the SMEG Philippines Showroom nearest you; however, a replacement product shall only be released to you provided you return the Product as follows: (1) with all its components and accessories, (2) contained in the original manufacturer packaging when it was delivered, (3) with a written report from the manufacturer-authorized service center that the Product has a defect or malfunction or with a directive from the manufacturer to replace the product, and (4) original invoice. Should you be entitled to a replacement product after compliance with the immediately foregoing requirements and Seller be unable to replace the Product, Seller shall provide you with a refund pursuant to the process in Clause 5.6.
Even if there were no attempts to remedy the defect or malfunction, Seller at its discretion may allow you to have your Product replaced provided the following concur: (1) within three (3) days from delivery of the Product and immediately upon your discovery of a defect or malfunction, you notify Seller thereof; and, (2) within seven (7) days from delivery of the Product, you return the Product in the manner provided in the immediately preceding paragraph.
As stated in Clause 2.3, the warranties for each sold Product shall be as stated on the Online Store. Unless expressly prohibited by applicable mandatory law, the stated warranties shall exclude and shall be in lieu of all other warranties, reliefs, or remedies, whether expressed or implied, statutory or otherwise.
5.3.4. Refund. Should you be entitled to a replacement product or to the delivery of an undelivered product and Seller be unable to comply for any reason or should Seller allow you a refund, Seller may provide you with a refund for the replacement product, the undelivered product or the defective or malfunctioning product. Any refund shall be conditioned upon your return, and our acceptance, of the Product. A refund shall be made through a check which shall be made to the person named as payee (or depositor in case of bank deposit) in the payment mode you used to pay for your Order of the Product. Seller may change the refund process at any time at its discretion. While Seller aims to effect a refund at the soonest possible time, the processing of your refund may take time.
6. Title and Risk
6.1. Seller’s Reservation. Seller reserves the right of possession or ownership in the Product despite its delivery to a carrier for the purpose of transmission to you until Seller has received notification from the payment service provider you chose that it has cleared payment (or, deposit) of your full payment for the Product. The Product is at Seller’s risk until its ownership is transferred to you.
6.2. Your Commitment. You commit that you shall ensure that full payment for the Product is processed within a reasonable time. You also commit that you will safely keep the Product as bailee for Seller; and that, within three (3) days from your receipt of any inquiry from Seller or the occurrence of any event which may affect Seller’s rights in the Product, you will immediately reply to Seller or notify Seller of such an event.
7. Limitation of Liability
7.1. Extent. Seller shall, in no event, be liable to you for indirect, incidental, punitive, special, or consequential damages, or damages for loss of profit, revenue, or use, arising out of or in connection with these Terms of Sale. To the extent permitted by law, Seller’s liability for damages arising out of or in connection with these Terms of Sale shall not exceed the purchase price of the product.
8. Contract Termination
8.1. Upon your request. Subject to Seller’s discretion, you may request to terminate the Sales Contract and Seller will strive to accommodate your request on a commercially reasonable effort basis.
8.2. Upon Seller’s determination. Without prejudice to any other right, Seller may terminate the Sales Contract by notifying you in writing at any time should any of the following happen or be present:
• the Product becomes unavailable;
• there was a mistake or error in the price listed for the product; or,
c. you wrongfully neglect or refuse to accept the Product or you are in breach of any other obligation under these Terms of Sale.
9. General Provisions
9.1. Entire Agreement. These Terms of Sale constitute the full and complete agreement between you and Seller. Should there be a prior agreement, representation, or understanding whether written or verbal, this Agreement shall supersede it.
9.2. Revision. Any revision, waiver, or cancellation of any term or condition in these Terms of Sale must be in writing.
9.3. Language. Any communication between you and Seller shall be made in the English language.
9.4. Governing Law. This Agreement shall be governed by and interpreted under Philippine laws, which shall prevail in the event of any conflict of laws.
9.5. Severability. Should any part of this Term be declared contrary to law or unenforceable, then such part shall be deemed severable from the rest of the Terms and the remaining parts deemed in full force and effect.
9.6. Venue.Should there be any dispute arising from or in relation to these Terms of Sale, both you and Seller agree that a complaint shall only be filed in the proper court or quasi-judicial agency located in Makati City, Metro Manila.